Terms & Conditions

1. Definitions

• Account: the registered account through which you use the Services, including any dashboard, API credentials and credit balance.
• Applicable Law: all laws, rules, regulations, orders and directions that apply in India to the Services or your use of them, including the Information Technology Act, 2000; the Telecommunications Act, 2023; the Telecom Commercial Communications Customer Preference Regulations, 2018 issued by TRAI, as amended (“TCCCPR”); the Digital Personal Data Protection Act, 2023 and its rules, as in force; the Consumer Protection Act, 2019; and the Indian Contract Act, 1872.
• Content: any message, template, recording, sender ID, caller ID, script, list or other material you submit or send through the Services.
• DLT: the Distributed Ledger Technology platforms kept by telecom access providers for registering entities, headers (sender IDs), consents and content templates under the TCCCPR.
• End Recipient: anyone to whom Content is sent or who receives a call through the Services.
• Messaging Channels: promotional SMS, transactional SMS, OTP SMS, voice calls and missed-call services, WhatsApp marketing, and any similar channel we offer.
• Third-Party Providers: telecom operators, DLT platforms, Meta Platforms, Inc. and its affiliates (“Meta”), banks, hosting providers and other vendors whose networks or platforms we rely on.

2. Nature of the Services

SMS pe SMS is a business-to-business (B2B) communications platform. The Services are for businesses, institutions, schools, campaigns and professionals acting in the course of their work, and not for personal, family or household use.

Our Services include promotional and transactional SMS, OTP SMS, bulk voice calls and missed-call services, WhatsApp marketing, an SMS API, and SMS for events, schools and election campaigns. Features can differ by plan, and we may add, change or stop features with reasonable notice where practicable.

3. Eligibility and account registration

3.1 You must be at least 18 years old, legally able to enter into a binding contract and, if you register for a business, authorised to bind that business.

3.2 You must give accurate, current and complete information when you register and keep it up to date. We may ask for KYC documents (such as the incorporation certificate, PAN, GSTIN, the authorised signatory’s ID and address proof, and proof of ownership of your brand, domain or trademarks).

3.3 You are responsible for everything done under your Account. Keep your login details, API keys and tokens confidential. Tell us at once at sales@smspesms.com if you suspect unauthorised use.

3.4 We may accept or reject any registration, or ask for more verification, at our sole discretion and in line with regulatory requirements.

4. Regulatory onboarding (DLT and WhatsApp)

4.1 DLT registration. To send SMS or place commercial voice calls in India you must register your entity, headers (sender IDs), content templates and consents on the DLT platform of a telecom access provider. We may help with this as a service, but you remain solely responsible for the accuracy of your registration, the content of your templates and your consent records. Fees charged by telecom operators or DLT platforms are payable by you and are not refundable.

4.2 WhatsApp. Use of the WhatsApp Business platform is subject to Meta’s WhatsApp Business terms and policies, including its template, opt-in and quality rules, as Meta updates them. Meta alone decides on business verification, display name approval, template approval, quality ratings, messaging limits and account restrictions. We do not control these decisions and are not liable for them.

4.3 We are not responsible for delays or rejections by any Third-Party Provider, regulator or operator in approving your entity, header, template, sender or campaign.

5. Consent, compliance and your responsibilities

You state, promise and undertake that:

• 5.1 You have obtained and will keep valid, verifiable, prior consent from every End Recipient before sending promotional or marketing communications, and you will keep records of that consent for as long as the law or we require.
• 5.2 You will follow the TCCCPR, including checking against the Do Not Disturb and preference registers where required, sending promotional communications only within the hours TRAI sets (currently 9:00 AM to 9:00 PM), using only approved headers and templates, and honouring opt-out requests promptly.
• 5.3 For WhatsApp, you will message only people who have opted in under Meta’s policies, and give a clear way to opt out.
• 5.4 You will not use the Services for any purpose that breaks Applicable Law or anyone’s rights.
• 5.5 You alone are responsible for the legality, accuracy and content of all Content, including its compliance with advertising, consumer-protection, financial-services, healthcare and election laws that apply to you.
• 5.6 For messages about products or services regulated by another authority (for example RBI, SEBI, IRDAI or the Election Commission of India), you are responsible for any approvals and for following that authority’s disclosure and conduct rules.

6. Acceptable use

You must not, and must not allow anyone else to, use the Services to send, store or support:

• Spam, unsolicited or unauthorised commercial messages or calls, or messages sent to bought, scraped, rented or harvested lists.
• Content that is unlawful, defamatory, obscene, hateful, harassing or threatening, or that promotes violence, terrorism or self-harm.
• Phishing, impersonation, fraud, or deceptive messages, including content that falsely suggests you are a bank, government body or other organisation.
• Content about gambling, betting, lotteries, illegal loans, cryptocurrency schemes, adult services, tobacco, drugs, weapons, or any product or service the law or a Third-Party Provider prohibits.
• Malware, harmful links, or content that infringes intellectual property, privacy or publicity rights.
• Political or election messages that break the Representation of the People Act, 1951, the Model Code of Conduct or directions of the Election Commission of India, including messages sent in any prohibited period, or content that promotes enmity between groups.
• Attempts to get around DLT checks, route classification, rate limits, sender approval or any technical or security control.
• Reselling or sub-licensing the Services without our written permission (except under a reseller agreement with us).
• Anything that disrupts, overloads, reverse-engineers or compromises the Services or their security.

We may block, filter, hold or delete any Content and suspend any campaign that we reasonably believe breaks this section or Applicable Law, and may report violations to regulators, operators or law enforcement.

7. Customer data and data protection

7.1 As between you and us, you own your Content and your End Recipient data (“Customer Data”). You give us a limited, non-exclusive licence to process Customer Data only to provide, secure, support and improve the Services and to comply with the law.

7.2 For personal data of End Recipients that you upload or send through the Services, you act as the data fiduciary (controller) and we act as your data processor. You are responsible for having a lawful basis and valid notice and consent for our processing on your behalf. We process such data only on your documented instructions and in line with our Privacy Policy, unless the law requires otherwise.

7.3 We apply reasonable technical and organisational security measures, including encryption in transit, access controls and IP whitelisting options. No system is completely secure, and we do not promise that Customer Data will never be accessed, lost or disclosed without authorisation.

7.4 Do not put sensitive personal data (such as government ID numbers, financial account credentials, health records or biometric data) in message Content unless it is necessary for your lawful use case and you have every required consent and safeguard.

7.5 Telecom rules may require us to keep message logs, delivery reports and related records for set periods and to share them with authorities. We may also disclose data where the law requires.

8. API, integrations and security

8.1 Our APIs, documentation and plugins are licensed to you on a limited, non-exclusive, non-transferable, revocable basis for your own internal business use.

8.2 You will keep your API keys secret, apply rate limits and validation on your side, and rotate credentials promptly if they are exposed. You are responsible for messages sent with your credentials, whether or not you authorised them.

8.3 We may slow, queue or block traffic that looks abnormal, fraudulent or harmful to our network or our carrier relationships.

9. Fees, credits, billing and taxes

9.1 Fees are as set out in your quote, order, the pricing page or the pricing shown in your Account. Custom enterprise pricing is confidential.

9.2 Prepaid packs. Services are sold as packs of credits paid for in advance (100% advance payment). Credits are used when a message or call is submitted, processed or delivered, as described in your plan. [Credits are valid for the period stated with your pack (to be confirmed), and unused credits expire afterwards without refund,] except as set out in our Refund and Cancellation Policy.

9.3 Payment methods. Payment is by bank transfer (NEFT, RTGS or IMPS), cheque or demand draft to the account details we give you. Your Account is activated after we confirm your payment. You are responsible for any bank charges on your side.

9.4 Third-party charges. Charges set by telecom operators, DLT platforms or Meta are set by those parties and may change without notice. We will pass such changes on to you.

9.5 Taxes. Prices are shown before GST, and GST at the rate in force (currently 18%) is added to every pack. If you must deduct tax at source, you must give us the certificate and pay the grossed-up amount where the law requires.

9.6 Price changes. We may change prices with reasonable notice. New prices apply to purchases made after the effective date.

10. Delivery, performance and service levels

10.1 SMS, voice and WhatsApp delivery depends on networks, devices and platforms outside our control. Delivery can be affected by handset status, coverage, DND and consent settings, operator filtering, template or content rejection, blocked numbers, WhatsApp quality limits and other factors.

10.2 Delivery speeds, delivery rates and uptime figures shown on the Website or in marketing (for example “typically within 15 seconds on the premium route”) describe typical performance or targets, not guarantees. A binding service level exists only if it is written in a signed agreement or order, together with any service credits that are your only remedy for a shortfall.

10.3 Delivery reports are provided as received from downstream operators and platforms. We are not liable for mistakes or delays in reports they supply.

10.4 We may carry out scheduled or emergency maintenance. Where practicable we will give notice of scheduled downtime.

11. Suspension and termination

11.1 By you. You may stop using the Services at any time. Ending your use does not entitle you to a refund except as stated in the Refund and Cancellation Policy or your written agreement.

11.2 By us. We may suspend or end your Account or any Service immediately and without notice if: (a) you break these Terms or the acceptable use rules; (b) we receive a complaint, regulatory direction or operator or Meta action about your traffic; (c) you do not pay an amount when due; (d) we suspect fraud, illegal activity or a security risk; or (e) the law requires it. We may also end the agreement for convenience on 30 days’ written notice, in which case we will refund the unused prepaid balance for the ended Service.

11.3 When the agreement ends, your right to use the Services ends, outstanding fees become payable, and we may delete Customer Data after the retention period in our Privacy Policy. Sections that by their nature should continue (including payment, intellectual property, confidentiality, disclaimers, limit of liability, indemnity and governing law) continue.

12. Intellectual property

12.1 We and our licensors own all rights in the Website, platform, software, APIs, designs, trademarks (including “SMS pe SMS” and its logo), documentation and related materials. Nothing in these Terms transfers any ownership to you.

12.2 You own your Content and Customer Data. You give us a licence to host, send and process it as needed to provide the Services.

12.3 You must not copy, change, decompile, reverse-engineer, scrape or make derivative works of the Website or Services, or use our marks, without our written permission.

12.4 If you send us feedback or suggestions, you give us a free, perpetual, worldwide licence to use them without obligation.

12.5 With your written consent we may name your business as a customer. You may withdraw that consent by written notice at any time.

13. Confidentiality

Each party will keep the other’s non-public business, technical and pricing information confidential, use it only for the purposes of this agreement, and protect it with reasonable care. This does not apply to information that is public, developed independently, lawfully received from a third party, or required to be disclosed by law, a court or a regulator (with prompt notice where lawful).

14. Third-party services and links

The Services and Website may work with or link to third-party platforms (including Meta, banks and other providers). We do not control and are not responsible for their content, availability, policies or actions. Your use of them is governed by their own terms. The Website is not endorsed by, or part of, Meta Platforms, Inc. or any social media platform. WhatsApp™, Facebook™ and Instagram™ are trademarks of Meta Platforms, Inc. All other trademarks belong to their owners.

15. Testimonials and results

Testimonials, case studies and statistics on the Website (for example about delivery, savings or response) represent particular results and are not typical. They are not a promise that you will achieve the same results. Your results depend on your setup, audience, content, consent quality and market conditions.

16. Disclaimers

16.1 To the fullest extent the law allows, the Website and Services are provided “as is” and “as available”. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, and that messages or calls will be delivered, read or acted on.

16.2 Nothing on the Website or in the Services is legal, regulatory, financial or tax advice. Any compliance help we give (for example with DLT registration) is a convenience service; you remain responsible for your own compliance.

17. Limit of liability

17.1 To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, business, goodwill or data, arising out of or in connection with these Terms or the Services, even if told of the possibility.

17.2 Our total liability arising out of or relating to these Terms or the Services, on any legal theory, will not exceed the fees you actually paid us for the affected Service in the three (3) months before the event that led to the claim.

17.3 We are not liable for losses caused by the acts or omissions of Third-Party Providers, regulators or operators, or by Content, consent or compliance failures on your part.

17.4 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Applicable Law, including liability for fraud or wilful misconduct.

18. Indemnity

You agree to defend, indemnify and hold harmless SMS pe SMS, Deshana IT, Deshana Enterprises Pvt. Ltd. and their directors, officers, employees and agents against any claims, penalties, fines, losses, liabilities and expenses (including reasonable legal fees) arising from: (a) your Content or Customer Data; (b) your breach of these Terms or Applicable Law; (c) your failure to obtain valid consent; (d) any penalty, blacklisting or charge placed on us by a regulator, operator or Meta because of your traffic; or (e) your infringement of anyone’s rights.

19. Force majeure

Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, riots, strikes, power or internet failure, telecom or hosting outages, government or regulatory action, changes in law, or cyber-attacks despite reasonable safeguards.

20. Governing law and disputes

20.1 These Terms are governed by the laws of India.

20.2 The parties will first try to settle any dispute by good-faith discussion for 30 days after written notice of the dispute.

20.3 If it is not settled, the dispute will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual consent (or, failing agreement, as the Act provides). The seat and venue of arbitration will be Jaipur, Rajasthan, and the language will be English. The award is final and binding.

20.4 Subject to the above, the courts at Jaipur, Rajasthan have exclusive jurisdiction over any matter arising from these Terms, including for interim relief.

21. Notices

Notices to us must be sent to sales@smspesms.com (with a copy by post to our Jaipur office). We may send notices to the email address or phone number on your Account, through the dashboard, or by posting on the Website. Notices are treated as received 24 hours after an email is sent, or on delivery for postal notices.

22. Changes to these terms

We may update these Terms from time to time. We will post the updated Terms with a new “last updated” date and, for material changes, tell you by email or in your Account. If you keep using the Website or Services after the effective date, you accept the changes. If you do not agree, you must stop using the Services.

23. General

• Entire agreement. These Terms, together with your order, quote or written agreement and the policies named above, are the entire agreement on their subject. If they conflict, a signed enterprise agreement prevails over these Terms.
• Assignment. You may not transfer your rights without our written consent. We may transfer these Terms to an affiliate or to a successor to our business.
• Severability. If any part is held unenforceable, the rest stays in effect.
• No waiver. Not enforcing a right is not giving it up.
• Independent parties. Nothing creates a partnership, agency, joint venture or employment relationship.
• Third-party rights. No third party (including End Recipients) can enforce these Terms.
• Language. If these Terms are translated, the English version prevails.

24. Grievance Officer and contact

In line with the Information Technology Act, 2000, the Consumer Protection (E-Commerce) Rules, 2020 and related rules, the details of our Grievance Officer are:

Grievance Officer: Avinash Upadhyay. Email: avinash@smsdekho.com. Phone: +91 92528 88777. Address: Jaipur, Rajasthan, India. Hours: Monday to Saturday, 10:00 AM to 6:00 PM IST. [Owner to confirm these details.]

We will acknowledge complaints within 48 hours and aim to resolve them within one month of receiving them.

General enquiries: sales@smspesms.com, info@smspesms.com, +91 8104 220 220. SMS pe SMS is a unit of Deshana IT, part of Deshana Enterprises Pvt. Ltd., Jaipur, Rajasthan.